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WOE BY WOE v. CUOMO

No. 172, Docket 86-7563.

801 F.2d 627 (1986)

Walter WOE, by his mother and guardian, Wilma WOE, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Mario CUOMO, individually and as Governor of the State of New York; Dr. Steven Katz, M.D., individually and as Commissioner of the Department of Mental Hygiene of the State of New York; Dr. E. Richard Feinberg, M.D., individually and as Director of Bronx Psychiatric Center; Dr. Ordogan Tekben, M.D., individually and as Director of Mid-Hudson Psychiatric Center, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 29, 1986.

Attorney(s) appearing for the Case

Arnold D. Fleischer, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of N.Y.) for defendants-appellants.

Morton Birnbaum, Brooklyn (Burton Zuckerman, New York City, of counsel), for plaintiffs-appellees.

Before CARDAMONE, PIERCE, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

This appeal follows this court's decision in Woe v. Cuomo, 729 F.2d 96 (2d Cir.), cert. denied, ___ U.S. ___, 105 S.Ct. 339, 83 L.Ed.2d 274 (1984), familiarity with which is assumed. In that decision, we affirmed the district court's dismissal of plaintiffs' state law and equal protection objections to the adequacy of care at certain mental health facilities, and reversed and remanded to afford...

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